2017/8/9

「PUBLIC INTERNATIONAL LAW - ATOMIC BOMBING OF HIROSHIMA AND NAGASAKI WAS AN ILLEGAL ACT IN VIOLATION 」

The Japanese Government presented a letter of protest as stated below, to the Government of the United States through the Government of Switzerland on August 10, 1945.

August 10, 1945

A New-Type, Cruel Bomb Ignoring International law; Imperial Govern-ment Protest to the Government of the United States.
With regard to the attack by a new-type bomb on the city of Hiroshima by a B-29 bomber on the 6th inst. the Imperial Government filed the following protest on the 10th inst. to the Government of the United States through the Government of Switzerland, and gave instructions to the Japanese Minister to Switzerland, Kase, to make the explanation of explanation of the same effect to the Inter-national Committee of Red Cross.

Protest against the Attack of a New-Type Bomb by American Airplane:

On the 6th of this month, an airplane of the United States dropped a new-type bomb on the urban district of the city of Hiroshima, and it killed and wounded a large number of the citizens and destroyed the bulk of the city. The city of Hiroshima is an crdinary local city which is not provided with any military defensive preparations or establishments, and the whole city has not a character of a military objective. In the statement on the aerial bom-bardment in this case, the United States President “Truman” asserts that they will destroy docks, factories and transport facilities.
However, since the bomb in this case, dropped by a parachute, explodes in the air and extends the destructive effect to quite a wide sphere, it is clear to be quite impossible in technique to limit the effect of attack thereby to such specific objectives as mentioned above; and the above efficiency of the bomb in this case is already known to the United States. In the light of the actual state of damage, the damaged district covers a wide area, and those who were in the district were all killed indiscriminately by bomb-shell blast and radiant heat without dis-tinction of combatant or non-combatant or of age or sex. The damaged sphere is general and immense, and judging from the most cruel one that ever existed. It is a fundamental principle of international law in time of war that a belligerent has not an unlimited right in chosing the means of injuring the enemy, and should not use such weapons, projectiles, and other material as cause unnecessary pain; and these are each expressly stipulated in the annex of the Convention respecting the Laws and Customs of War on Land and artices 22 and 23(e) of the Regulations respecting the Laws and Customs of War on Land. Since the beginning of the present World War, the Government of the United States has declared repeatedly that the use of poison or other inhumane methods of warfare has been regarded as illegal by the pubic opin-ion in civilized countries, and that the United States would not use these methods of warfare unless the other countries used these first. However, the bomb in this case, which the United States used this time, exceeds by far the indiscriminate and cruel character of efficiency, the poison and other weapons the use of which has been prohibited hitherto because of such an efficiency. Disregarding a fundamental principle of international law and humanity, the United States has already made indiscriminate aerial bombardments on cities of the Empire in very wide areas, and it has already killed and injured a large number of old people, children, and women and collapsed or burned down shrines, temples, schools, hospital and ordinary private houses. Also, the United States has used the new bomb in this case which has indiscriminate and cruel character beyond comparison with all weapons and projectile of the past. This is a new offence against the civilization of mankind. The Imperial Government impeaches the Government of the United States in its own name and the name of all mankind and of civilization, and demands strongly that the Government of the United States give up the use of such an inhumane weapon instantly.

Note: Japan Branch of the International Law Association, Japanese Annual of International Law, 8, pp.251-2. (Tokyo: 1964)